alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020262EN.01002401.xml

| 10.8.2020 | EN | Official Journal of the European Union | C 262/24 |
| --- | --- | --- | --- |

10.8.2020

EN

Official Journal of the European Union

C 262/24

---

Order of the General Court of 11 June 2020 — Vanhoudt and Others v EIB

(Case T-294/19) (1)

(Action for annulment and for damages - Civil service - EIB staff - Reform of the EIB remuneration and salary progression system - Remuneration simulation tool - Act not open to challenge - Purely confirmatory act - No new and substantial facts - Non-material harm - No causal link - Action in part inadmissible and in part manifestly lacking any foundation in law)

(2020/C 262/32)

Language of the case: English

Parties

Applicants: Patrick Vanhoudt (Gonderange, Luxembourg) and the other appellants whose names are listed in the annex (represented by: A. Haines, Barrister)

Defendant: European Investment Bank (represented by: T. Gilliams, J. Klein and J. Krueck, acting as Agents, and P.E. Partsch and T. Evans, lawyers)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the decision of the EIB of 31 January 2019 by which the EIB confirmed the decision of the Conciliation Board, which found that the conciliation procedure relating to the applicants’ requests to make available an official printout of the results of the remuneration simulation tool used to calculate the impact of the reforms and of the amicable settlement to compensate for the losses allegedly suffered as a result of the reforms had failed, and, second, compensation for the non-material damage allegedly suffered by the applicants as a result of that decision of 31 January 2019.

Operative part of the order

| 1. | The action is dismissed as in part inadmissible and in part manifestly lacking any foundation in law. |
| --- | --- |

1.

The action is dismissed as in part inadmissible and in part manifestly lacking any foundation in law.

| 2. | Mr Patrick Vanhoudt and the other applicants whose names are listed in the annex shall pay the costs. |
| --- | --- |

2.

Mr Patrick Vanhoudt and the other applicants whose names are listed in the annex shall pay the costs.

---

(1)  OJ C 230, 8.7.2019.

---
# C_2023271EN.01003602.xml

| 31.7.2023 | EN | Official Journal of the European Union | C 271/36 |
| --- | --- | --- | --- |

31.7.2023

EN

Official Journal of the European Union

C 271/36

---

Order of the General Court of 12 June 2023 — Argyraki v Commission

(Case T-679/19) (1)

(2023/C 271/51)

Language of the case: French

The President of the Tenth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 399, 25.11.2019.

---
# C_2019399EN.01006902.xml

| 25.11.2019 | EN | Official Journal of the European Union | C 399/69 |
| --- | --- | --- | --- |

25.11.2019

EN

Official Journal of the European Union

C 399/69

---

Order of the General Court of 12 September 2019 — Puma v EUIPO (SOFTFOAM)

(Case T-182/19) (1)

(EU trade mark - Application for EU figurative mark SOFTFOAM - Absolute grounds for refusal - No distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 - Action manifestly lacking any foundation in law)

(2019/C 399/87)

Language of the case: English

Parties

Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and H. O’Neill, acting as Agents)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 8 January 2019 (Case R 1399/2018-2), relating to the application for registration of the figurative sign SOFTFOAM as a European Union trade mark.

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Puma SE shall pay the costs. |
| --- | --- |

2.

Puma SE shall pay the costs.

---

(1)  OJ C 172, 20.5.2019.

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FINANCIAL STATEMENTS FOR THE PERIOD ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              MAR-31-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                          1,603
<SECURITIES>                                        0
<RECEIVABLES>                                   9,685
<ALLOWANCES>                                      638
<INVENTORY>                                     7,724
<CURRENT-ASSETS>                               19,442
<PP&E>                                          9,548
<DEPRECIATION>                                  5,360
<TOTAL-ASSETS>                                 32,033
<CURRENT-LIABILITIES>                           7,438
<BONDS>                                         3,020
<PREFERRED-MANDATORY>                          26,838
<PREFERRED>                                         0
<COMMON>                                           10
<OTHER-SE>                                     (5,625)
<TOTAL-LIABILITY-AND-EQUITY>                   32,033
<SALES>                                         4,853
<TOTAL-REVENUES>                                5,390
<CGS>                                           2,773
<TOTAL-COSTS>                                   4,302
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                137
<INCOME-PRETAX>                                (1,319)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,319)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,319)
<EPS-PRIMARY>                                    (.17)
<EPS-DILUTED>                                    (.17)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          36,029
<SECURITIES>                                   833,160
<RECEIVABLES>                                    8,754
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               992,572
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 992,572
<CURRENT-LIABILITIES>                           38,316
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   992,572
<SALES>                                              0
<TOTAL-REVENUES>                                52,168
<CGS>                                                0
<TOTAL-COSTS>                                  199,061
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (146,893)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 997 Referred in House (RFH)]

112th CONGRESS
  1st Session
                                 S. 997

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2011

             Referred to the Committee on Natural Resources

_______________________________________________________________________

                                 AN ACT

 
 To authorize the Secretary of the Interior to extend a water contract 
   between the United States and the East Bench Irrigation District.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``East Bench Irrigation District Water 
Contract Extension Act''.

SEC. 2. AUTHORITY TO EXTEND WATER CONTRACT.

    The Secretary of the Interior may extend the contract for water 
services between the United States and the East Bench Irrigation 
District, numbered 14-06-600-3593, until the earlier of--
            (1) the date that is 4 years after the date on which the 
        contract would have expired if this Act had not been enacted; 
        or
            (2) the date on which a new long-term contract is executed 
        by the parties to the contract.

            Passed the Senate November 2, 2011.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 43 Agreed to Senate (ATS)]

112th CONGRESS
  2d Session
S. CON. RES. 43

Providing for a conditional adjournment or recess of the Senate and an 
              adjournment of the House of Representatives.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2012

   Mr. Reid submitted the following concurrent resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Providing for a conditional adjournment or recess of the Senate and an 
              adjournment of the House of Representatives.

    Resolved by the Senate (the House of Representatives concurring), 
That when the Senate recesses or adjourns on any day from Thursday, 
April 26, 2012, through Sunday, May 6, 2012, on a motion offered 
pursuant to this concurrent resolution by its Majority Leader or his 
designee, it stand recessed or adjourned until 12 noon on Monday, May 
7, 2012, or such other time on that day as may be specified by its 
Majority Leader or his designee in the motion to recess or adjourn, or 
until the time of any reassembly pursuant to section 2 of this 
concurrent resolution, whichever occurs first; and that when the House 
adjourns on any legislative day through Friday, May 4, 2012, on a 
motion offered pursuant to this concurrent resolution by its Majority 
Leader or his designee, it stand adjourned until 2:00 p.m. on Monday, 
May 7, 2012, or until the time of any reassembly pursuant to section 2 
of this concurrent resolution, whichever occurs first.
    Sec. 2.  The Majority Leader of the Senate and the Speaker of the 
House, or their respective designees, acting jointly after consultation 
with the Minority Leader of the Senate and the Minority Leader of the 
House, shall notify the Members of the Senate and House, respectively, 
to reassemble at such place and time as they may designate if, in their 
opinion, the public interest shall warrant it.
                                 <all>
```
<PAGE>

                                  Exhibit 11.1

              Statement Regarding Computation of Per Share Earnings
                     TB Wood's Corporation and Subsidiaries
<TABLE>
<CAPTION>
December 27, 2002
-------------------------------------------------------------------------------------------------------------------------
(in thousands except per share amounts)                                   2002                2001                2000
-------------------------------------------------------------------------------------------------------------------------
<S>                                                                        <C>                  <C>                 <C>
Net (loss) income                                                        $(1,050)            $2,906              $6,145
Basic:
   Net (loss) income per common share                                     $(0.20)             $0.55               $1.12
   Weighted average shares of common stock and equivalents
   outstanding                                                             5,232              5,332               5,468
Diluted:
   Net (loss) income per common share                                     $(0.20)             $0.54               $1.12
   Weighted average shares of common stock
   and equivalents outstanding                                             5,232              5,355               5,473

</TABLE>
Exhibit 31.1

CERTIFICATION

I,
Hong Liang Lu, certify that:

1.     I
have reviewed this quarterly report on Form 10-Q of UTStarcom, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



|Date: June 21, 2006                                                 | 
|------------------------------------------------------------------- | 
|/s/HONG LIANG LUHong Liang Lu President and Chief Executive Officer | 

---



QuickLinks
#### QIN YUAN, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

No. 07-2853.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 12, 2008.

Filed: Jan. 9, 2009.

Before MURPHY, BYE, and BENTON, Circuit Judges.

PER CURIAM.

Chinese citizen Qin Yuan petitions for review of an order of the Board of Immigration Appeals affirming an Immigration Judge’s (IJ’s) denial of asylum and withholding of removal. We lack jurisdiction to review determinations regarding the untimeliness of Yuan’s asylum application, the absence of changed circumstances materially affecting her eligibility for asylum, or the lack of extraordinary circumstances justifying the untimeliness of her filing. *See*8 U.S.C. § 1158(a)(3); *Bejet-Viali Al-Jojo v. Gonzales,*424 F.3d 823, 826-27 (8th Cir.2005).

*342For withholding of removal, Yuan had to show a clear probability that if she were removed to China her life or freedom would be threatened based on her practice, of Falun Gong. *See Alanwoko v. Mukasey,*538 F.3d 908, 911 (8th Cir.2008); *see also Etar-Ndu v. Gonzales,*411 F.3d 977, 982-83 (8th Cir.2005) (standard of review). The IJ found Yuan’s testimony not credible, citing her discomfort in answering questions and her lack of knowledge about Falun Gong. Despite Yuan’s proffered explanation of nervousness and possible translation difficulties, we conclude that we should defer to the IJ’s finding. *See Osonowo v. Mukasey,*521 F.3d 922, 927 (8th Cir.2008) (to overturn adverse credibility finding, court must conclude both that persuasive case has been made for opposite position, and that any reasonable fact finder would be persuaded by it); *Lin v. Gonzales,*446 F.3d 395, 400-01 (2d Cir.2006) (demeanor is virtually always evaluated intuitively and subjectively; noting that fact finder is in best position to discern, inter alia, whether question was understood, and whether hesitating witness was attempting truthfully to recount what he recalled or struggling to remember lines of carefully prepared script).

Accordingly, because the IJ’s denial of withholding of removal was based on his adverse credibility determination, which we accept, we deny Yuan’s petition for review.
**EXHIBIT 12.2****CERTIFICATION**     I, Dr. Werner Brandt, certify that: 1. I have reviewed this Annual Report on Form 20-F of SAP AG;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of thecircumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present inall material respects the financial condition, results ofoperations and cash flows of the company as of, and for, theperiods presented in this report;  4. The company’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for thecompany and have: a. Designed such disclosurecontrols and procedures, orcaused such disclosurecontrols and procedures to bedesigned under oursupervision, to ensure thatmaterial information relatingto the company, including itsconsolidated subsidiaries, ismade known to us by otherswithin those entities,particularly during the periodin which this report is beingprepared;  b. Evaluated the effectiveness ofthe company’s disclosurecontrols and procedures andpresented in this report ourconclusions about theeffectiveness of thedisclosure controls andprocedures, as of the end ofthe period covered by thisreport based on suchevaluation; and  c. Disclosed in this report anychange in the company’sinternal control overfinancial reporting thatoccurred during the periodcovered by the annual reportthat has materially affected,or is reasonably likely tomaterially affect, thecompany’s internal controlover financial reporting; and 5. The company’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control overfinancial reporting, to the company’s auditors and the auditcommittee of the company’s board of directors (or personsperforming the equivalent function): a. All significant deficienciesand material weaknesses in thedesign or operation ofinternal control overfinancial reporting which arereasonably likely to adverselyaffect the company’s abilityto record, process, summarizeand report financialinformation; and  b. Any fraud, whether or notmaterial, that involvesmanagement or other employeeswho have a significant role inthe company’s internal controlover financial reporting.Date: March 22, 2006         /s/ WERNER BRANDT   Name:  Dr. Werner Brandt   Title:  Chief Financial Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 51 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
S. J. RES. 51

  Providing for congressional disapproval under chapter 8 of title 5, 
   United States Code, of the rule submitted by the Internal Revenue 
 Service of the Department of the Treasury relating to taxable medical 
                                devices.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2012

  Mr. Paul introduced the following joint resolution; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
   United States Code, of the rule submitted by the Internal Revenue 
 Service of the Department of the Treasury relating to taxable medical 
                                devices.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the Internal Revenue Service of the Department of the 
Treasury relating to taxable medical devices (published at 77 Fed. Reg. 
72924 (December 7, 2012)), and such rule shall have no force or effect.
                                 <all>
```
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 19 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. J. RES. 19

    Proposing an amendment to the Constitution of the United States 
 authorizing Congress to prohibit the physical desecration of the flag 
                         of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2011

   Mr. Hatch (for himself, Mr. Baucus, Mr. Barrasso, Mr. Inhofe, Mr. 
  Vitter, Mr. Lugar, and Mr. Grassley) introduced the following joint 
 resolution; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
 authorizing Congress to prohibit the physical desecration of the flag 
                         of the United States.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within 7 years after the date of its submission for ratification:

                              ``Article--

    ``The Congress shall have power to prohibit the physical 
desecration of the flag of the United States.''.
                                 <all>
```
**Exhibit (32(i)**

 

**CERTIFICATION SECTION 1350**

 

Inconnection with the Quarterly Report of Penns Woods Bancorp, Inc. (the “Company”)on Form 10-Q for the period ending September 30, 2004 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, RonaldA. Walko, Chief Executive Officer, certify, pursuant to 18 U.S.C. section 1350,as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002,that:

 

(1)                                  the Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)                                  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

 

 
| /s/ Ronald A. Walko     |   |
|-------------------------|--------|
| Ronald A. Walko         |
| Chief Executive Officer |
|                    |
| November 9, 2004   |

 

1

----